Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler), 26220-26222 [2017-11647]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
Eric D. Ambler (WI)
Clay B. Anderson (IL)
Gregory C. Bartley (PA)
Aaron M. Batts (NC)
Nathan R. Batzel (MN)
Michael R. Bell (MD)
Jerry A. Cox, Sr. (LA)
Lloyd F. Cuckow (CO)
Kenneth B. Dennard (GA)
Eric Q. Dickerson (IN)
James P. Dreifuerst (WI)
Domenic R. Folino (PA)
Howard M. Hammel (NJ)
Derrick D. Harris (IL)
Kevin R. Johnson (MI)
David J. Long (PA)
David P. Magee (MO)
Gary F. Marson (WI)
James A. Meridith (MI)
Richard A. Moore (PA)
Keith B. Muehler (ND)
John K. Murray (NY)
John D. Pede, Jr. (PA)
John F. Prophet (FL)
Dominic F. Quartullo (WI)
Michael E. Reed (IA)
Carlos B. Rodriguez (NY)
David J. Sierra (NJ)
Roger E. Smith (IA)
Terrell W. Smith (PA)
Anthony L. Spratto (WI)
Timothy R. Stephens (KS)
Howard C. Stines (TN)
Christopher E. Swanson (CA)
Diana C. Tabala (NY)
Brewster E. Thurston (VT)
Phillip J. Ulmer (LA)
Charles A. Walker (IL)
John D. Weaver (WY)
Leroy D. Yost (IA)
The drivers were included in docket
No. FMCSA–2014–0310. Their
exemptions are effective as of January
15, 2017, and will expire on January 15,
2019.
As of January 25, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 16 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(77 FR 70530; 78 FR 5559):
Randle A. Badertscher (WY)
Jerol G. Fox (DE)
Michael S. Freeman (OR)
Harold D. Grimes (MI)
Douglas W. Hunderman (MI)
Robert L. Johnson, Jr. (VA)
George R. Miller III (PA)
Ronald G. Monroe (IN)
Israel Ramos (NY)
Jed Ramsey (ID)
Raymond E. Richardson (MD)
Craig W. Schafer (DE)
Stephen L. Schug (FL)
Shawn M. Seeley (CT)
Mark S. Shepherd (MA)
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L. Everett Stamper (IN)
The drivers were included in docket
No. FMCSA–2012–0348. Their
exemptions are effective as of January
25, 2017, and will expire on January 25,
2019.
As of January 28, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 9 individuals have
satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(75 FR 77947; 76 FR 5243):
James T. Bezold (KY)
Allen C. Cornelius, Jr. (DE)
Eugene M. Johnson (NY)
Michael A. McHenry (IN)
Gregory S. Myers (PA)
Richard D. Peterson, Jr. (MN)
Rudolph Q. Redd (IL)
Chad A. Sanders (IN)
Mark A. Sawyer (IN)
The drivers were included in docket
No. FMCSA–2012–0386. Their
exemptions are effective as of January
28, 2017, and will expire on January 28,
2019.
As of January 31, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 49 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(79 FR 78938; 80 FR 12545):
Joseph L. Allen (TX)
Wayne A. Aukes (MN)
Freddie W. Bermudez, Jr. (IL)
Darrell K. Blanton (NC)
Richard A. Boor (VA)
Stephen R. Brown (NH)
Kenneth E. Chastain (TN)
Jeffery C. Colbert (AR)
Kenny L. Dickerson (GA)
James M. DiClaudio (NJ)
Steven A. Dion (NY)
Dean R. Duquette (ME)
Joseph J. Eckstrom (NY)
Morgan D. Hale, Jr. (KY)
James J. Hartman (SD)
Dale H. Hintz (WI)
Benjamin D. Horton (VA)
Danny R. Jackson, Jr. (OR)
Brian C. Jagdman (MD)
Terry J. Johnson (MD)
Robert L. Johnson, Jr. (OK)
Michael W. Jones (NJ)
Carl J. Kern, Jr. (PA)
Monte J. Lakosky (MI)
Aaron J. Larson (WI)
Jeffrey G. Lawrence (AR)
Leo D. Maggioli (MA)
Ryan M. McClatchey (TN)
Carl A. Mears, Jr. (VT)
Robert P. Miller (WI)
Nicholas M. Palocy (VT)
John D. Patterson (OH)
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Michael W. Perez (OH)
Jerry Platero (NM)
Darrell K. Rau (IA)
Andrew B. Renninger (PA)
Ryan T. Rock (ID)
Wilfredo Rodriguez (NY)
Mark A. Santana (PA)
Donald E. Scovil (NH)
David E. Shinen (CA)
Patrick A. Shryock (AR)
Joshua C. Thompson (AZ)
Jeffrey D. Thomson (WI)
Marshall L. Wainwright (IL)
Glenn P. Whitehouse (PA)
Jennifer R. Williams (PA)
John E. Yates (IN)
Jeffrey S. Zimmer (NH)
The drivers were included in docket
No. FMCSA–2012–0386. Their
exemptions are effective as of January
31, 2017, and will expire on January 31,
2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: May 26, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–11641 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0032]
Commercial Driver’s License
Standards: Application for Exemption;
Daimler Trucks North America
(Daimler)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant Daimler Trucks North
America’s (Daimler) application for an
exemption to allow a Daimler employee
to drive commercial motor vehicles
(CMV) in the United States without
having a commercial driver’s license
(CDL) issued by one of the States. The
driver, Martin Zeilinger, will test-drive
SUMMARY:
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
Daimler vehicles on U.S. roads to better
understand product requirements for
these vehicles in ‘‘real world’’
environments and verify results. He
holds a valid German commercial
license but lacks the U.S. residency
necessary to obtain a CDL issued by one
of the States. FMCSA believes that the
process for obtaining a German
commercial license is comparable to or
as effective as the U.S. CDL
requirements and ensures that this
driver will likely achieve a level of
safety that is equivalent to or greater
than the level of safety that would be
obtained in the absence of the
exemption.
DATES: This exemption is effective June
6, 2017 and expires June 6, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office
of Carrier, Driver and Vehicle Safety
Standards; Telephone: 614–942–6477.
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
mstockstill on DSK30JT082PROD with NOTICES
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2012–0032’’
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click the ‘‘Open Docket
Folder’’ button and choose the
document to review. If you do not have
access to the Internet, you may view the
docket online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from the Federal Motor Carrier Safety
Regulations. FMCSA must publish a
notice of each exemption request in the
Federal Register (49 CFR 381.315(a)).
The Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and the public comments, and
determines whether granting the
exemption would likely achieve a level
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20:52 Jun 05, 2017
Jkt 241001
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for the
grant or denial, and, if granted, the
specific person or class of persons
receiving the exemption, and the
regulatory provision or provisions from
which exemption is granted. The notice
must also specify the effective period of
the exemption (up to 5 years), and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Daimler Application for Exemption
Daimler has applied for an exemption
renewal for one of its engineers from 49
CFR 383.23, which prescribes licensing
requirements for drivers operating
CMVs in interstate or intrastate
commerce. This driver, Martin
Zeilinger, holds a valid German
commercial license but is unable to
obtain a CDL in any of the U.S. States
due to residency requirements. A copy
of the application is in Docket No.
FMCSA–2012–0032.
FMCSA initially granted an
exemption to Mr. Zeilinger on March
27, 2015 (80 FR 16511). This exemption
was effective March 27, 2015, and
expired March 27, 2017. Detailed
information about the qualifications and
experience of Mr. Zeilinger was
provided by Daimler in its original
application, a copy of which is in the
docket.
The exemption renewal would allow
Mr. Zeilinger to operate CMVs in
interstate or intrastate commerce to
support Daimler field tests designed to
meet future vehicle safety and
environmental requirements and to
develop improved safety and emission
technologies. According to Daimler, Mr.
Zeilinger will typically drive for no
more than 6 hours per day for 2
consecutive days, and 10 percent of the
test driving will be on two-lane State
highways, while 90 percent will be on
interstate highways. The driving will
consist of no more than 200 miles per
day, for a total of 400 miles during a
two-day period on a quarterly basis. He
will in all cases be accompanied by a
holder of a U.S. CDL who is familiar
with the routes to be traveled. Daimler
requests that the exemption cover the
maximum allowable duration of 5 years.
Daimler has explained in prior
exemption requests that the German
knowledge and skills tests and training
program ensure that Daimler’s drivers
operating under the exemption will
achieve a level of safety that is
equivalent to, or greater than, the level
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26221
of safety obtained by complying with
the U.S. requirement for a CDL.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
FMCSA has previously determined
that the process for obtaining a German
commercial license is comparable to, or
as effective as, the requirements of part
383, and adequately assesses the
driver’s ability to operate CMVs in the
U.S. Since 2012, FMCSA has granted
Daimler drivers similar exemptions
[May 25, 2012 (77 FR 31422); July 22,
2014 (79 FR 42626); March 27, 2015 (80
FR 16511); October 5, 2015 (80 FR
60220); December 7, 2015 (80 FR
76059); December 21, 2015 (80 FR
79410); July 12, 2016 (81 FR 45217);
July 25, 2016 (81 FR 48496)].
V. Public Comments
On March 22, 2017, FMCSA
published notice of this application and
requested public comments (82 FR
14791). One respondent opposed the
requested exemption. Mr. Michael
Millard wrote, ‘‘I feel five years is
sufficient for Martin Zeilinger to obtain
a US CDL. Please deny Daimler Trucks
North America’s request.’’
VI. FMCSA Decision
Based upon the merits of this
application, including Mr. Zeilinger’s
extensive driving experience and safety
record, FMCSA has concluded that the
exemption would likely achieve a level
of safety that is equivalent to or greater
than the level that would be achieved
absent such exemption, in accordance
with § 381.305(a).
VII. Terms and Conditions for the
Exemption
FMCSA grants Daimler and Martin
Zeilinger an exemption from the CDL
requirement in 49 CFR 383.23 to allow
Mr. Zeilinger to drive CMVs in this
country without a U.S. State-issued
CDL, subject to the following terms and
conditions: (1) The driver and carrier
must comply with all other applicable
provisions of the FMCSRs (49 CFR parts
350–399); (2) the driver must be in
possession of the exemption document
and a valid German commercial license;
(3) the driver must be employed by and
operate the CMV within the scope of his
duties for Daimler; (4) at all times while
operating a CMV under this exemption,
the driver must be accompanied by a
holder of a U.S. CDL who is familiar
with the routes traveled; (5) Daimler
must notify FMCSA in writing within 5
business days of any accident, as
defined in 49 CFR 390.5, involving this
driver; and (6) Daimler must notify
FMCSA in writing if this driver is
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
convicted of a disqualifying offense
under § 383.51 or § 391.15 of the
FMCSRs.
In accordance with 49 U.S.C. 31315
and 31136(e), the exemption will be
valid for 5 years unless revoked earlier
by the FMCSA. The exemption will be
revoked if: (1) Mr. Zeilinger fails to
comply with the terms and conditions
of the exemption; (2) the exemption
results in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
be inconsistent with the goals and
objectives of 49 U.S.C. 31315 and 31136.
VIII. Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate or intrastate commerce that
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
Issued on: May 26, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017–11647 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–27387; FMCSA–
2008–0137; FMCSA–2009–0122; FMCSA–
2011–0143; FMCSA–2013–0018; FMCSA–
2015–0060; FMCSA–2015–0061]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew the exemptions of 134
individuals from its rule prohibiting
persons with insulin-treated diabetes
mellitus (ITDM) from operating
commercial motor vehicles (CMVs) in
interstate commerce. FMCSA has
statutory authority to exempt
individuals from this rule if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to or greater
than the level of safety maintained
without the exemptions for these CMV
drivers.
DATES: Each group of renewed
exemptions are effective from the dates
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SUMMARY:
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20:52 Jun 05, 2017
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stated in the discussions below.
Comments must be received on or
before July 6, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
FMCSA–2007–27387; FMCSA–2008–
0137; FMCSA–2009–0122; FMCSA–
2011–0143; FMCSA–2013–0018;
FMCSA–2015–0060; FMCSA–2015–
0061 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., e.t., Monday through Friday,
except Federal Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number for this notice. Note that
DOT posts all comments received
without change to https://
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. The
Federal Docket Management System
(FDMS) is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the Federal Docket
Management System (FDMS) published
in the Federal Register on January 17,
2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
PO 00000
Frm 00181
Fmt 4703
Sfmt 4703
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are from 8 a.m. to 5:30
p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the Federal Motor Carrier Safety
Regulations 2-year period if it finds
‘‘such exemption would likely achieve a
level of safety that is equivalent to or
greater than the level that would be
achieved absent such exemption.’’ The
statute also allows the Agency to renew
exemptions at the end of the 2-year
period. The 134 individuals listed in
this notice have recently become
eligible for a renewed exemption from
the diabetes prohibition in 49 CFR
391.41(b)(3), which applies to drivers of
CMVs in interstate commerce. The
drivers remain in good standing with
the Agency, have maintained their
required medical monitoring and have
not exhibited any medical issues that
would compromise their ability to safely
operate a CMV during the previous 2year exemption period.
II. Exemption Decision
This notice addresses 134 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. These 134 drivers remain in
good standing with the Agency, have
maintained their required medical
monitoring and have not exhibited any
medical issues that would compromise
their ability to safely operate a CMV
during the previous 2-year exemption
period. Therefore, FMCSA has decided
to extend each exemption for a
renewable two-year period. Each
individual is identified according to the
renewal date.
The exemptions are renewed subject
to the following conditions: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) that each individual
submit an annual ophthalmologist’s or
optometrist’s report; and (4) that each
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Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26220-26222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11647]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0032]
Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America (Daimler)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for an exemption to allow a Daimler
employee to drive commercial motor vehicles (CMV) in the United States
without having a commercial driver's license (CDL) issued by one of the
States. The driver, Martin Zeilinger, will test-drive
[[Page 26221]]
Daimler vehicles on U.S. roads to better understand product
requirements for these vehicles in ``real world'' environments and
verify results. He holds a valid German commercial license but lacks
the U.S. residency necessary to obtain a CDL issued by one of the
States. FMCSA believes that the process for obtaining a German
commercial license is comparable to or as effective as the U.S. CDL
requirements and ensures that this driver will likely achieve a level
of safety that is equivalent to or greater than the level of safety
that would be obtained in the absence of the exemption.
DATES: This exemption is effective June 6, 2017 and expires June 6,
2022.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 614-942-6477. Email: MCPSD@dot.gov. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2012-0032'' in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the Internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Daimler Application for Exemption
Daimler has applied for an exemption renewal for one of its
engineers from 49 CFR 383.23, which prescribes licensing requirements
for drivers operating CMVs in interstate or intrastate commerce. This
driver, Martin Zeilinger, holds a valid German commercial license but
is unable to obtain a CDL in any of the U.S. States due to residency
requirements. A copy of the application is in Docket No. FMCSA-2012-
0032.
FMCSA initially granted an exemption to Mr. Zeilinger on March 27,
2015 (80 FR 16511). This exemption was effective March 27, 2015, and
expired March 27, 2017. Detailed information about the qualifications
and experience of Mr. Zeilinger was provided by Daimler in its original
application, a copy of which is in the docket.
The exemption renewal would allow Mr. Zeilinger to operate CMVs in
interstate or intrastate commerce to support Daimler field tests
designed to meet future vehicle safety and environmental requirements
and to develop improved safety and emission technologies. According to
Daimler, Mr. Zeilinger will typically drive for no more than 6 hours
per day for 2 consecutive days, and 10 percent of the test driving will
be on two-lane State highways, while 90 percent will be on interstate
highways. The driving will consist of no more than 200 miles per day,
for a total of 400 miles during a two-day period on a quarterly basis.
He will in all cases be accompanied by a holder of a U.S. CDL who is
familiar with the routes to be traveled. Daimler requests that the
exemption cover the maximum allowable duration of 5 years.
Daimler has explained in prior exemption requests that the German
knowledge and skills tests and training program ensure that Daimler's
drivers operating under the exemption will achieve a level of safety
that is equivalent to, or greater than, the level of safety obtained by
complying with the U.S. requirement for a CDL.
IV. Method To Ensure an Equivalent or Greater Level of Safety
FMCSA has previously determined that the process for obtaining a
German commercial license is comparable to, or as effective as, the
requirements of part 383, and adequately assesses the driver's ability
to operate CMVs in the U.S. Since 2012, FMCSA has granted Daimler
drivers similar exemptions [May 25, 2012 (77 FR 31422); July 22, 2014
(79 FR 42626); March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR
60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR
79410); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496)].
V. Public Comments
On March 22, 2017, FMCSA published notice of this application and
requested public comments (82 FR 14791). One respondent opposed the
requested exemption. Mr. Michael Millard wrote, ``I feel five years is
sufficient for Martin Zeilinger to obtain a US CDL. Please deny Daimler
Trucks North America's request.''
VI. FMCSA Decision
Based upon the merits of this application, including Mr.
Zeilinger's extensive driving experience and safety record, FMCSA has
concluded that the exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption, in accordance with Sec. 381.305(a).
VII. Terms and Conditions for the Exemption
FMCSA grants Daimler and Martin Zeilinger an exemption from the CDL
requirement in 49 CFR 383.23 to allow Mr. Zeilinger to drive CMVs in
this country without a U.S. State-issued CDL, subject to the following
terms and conditions: (1) The driver and carrier must comply with all
other applicable provisions of the FMCSRs (49 CFR parts 350-399); (2)
the driver must be in possession of the exemption document and a valid
German commercial license; (3) the driver must be employed by and
operate the CMV within the scope of his duties for Daimler; (4) at all
times while operating a CMV under this exemption, the driver must be
accompanied by a holder of a U.S. CDL who is familiar with the routes
traveled; (5) Daimler must notify FMCSA in writing within 5 business
days of any accident, as defined in 49 CFR 390.5, involving this
driver; and (6) Daimler must notify FMCSA in writing if this driver is
[[Page 26222]]
convicted of a disqualifying offense under Sec. 383.51 or Sec. 391.15
of the FMCSRs.
In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 5 years unless revoked earlier by the FMCSA. The exemption
will be revoked if: (1) Mr. Zeilinger fails to comply with the terms
and conditions of the exemption; (2) the exemption results in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would be inconsistent with the goals and
objectives of 49 U.S.C. 31315 and 31136.
VIII. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate or intrastate
commerce that conflicts with or is inconsistent with this exemption
with respect to a firm or person operating under the exemption.
Issued on: May 26, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-11647 Filed 6-5-17; 8:45 am]
BILLING CODE 4910-EX-P